Except as
provided in SCR 72.03 to 72.05, the original paper records of any court shall
be retained in the custody of the court for the following minimum time periods:

(1)Civil case files.All papers deposited with the clerk of
circuit court in every proceeding commenced under chs. 801 to 847, stats.: 20
years after entry of final order.

(2)Civil court record.A history and index of proceedings under chs.
801 to 847, stats.: 20 years after entry of final order.

(3)Civil minute record.A brief statement of in-court proceedings
commenced under chs. 801 to 847, stats., generally maintained in the case file:
20 years after entry of final order.

(4)(Repealed)

(5)Judgment docket.A record of all money judgments: 20 years
after initial docket entry.

(6)Lien claims.A statutory lien filed for services performed or materials provided:
until satisfaction or expiration of the lien or entry of judgment, whichever
occurs first, except as provided in subs. (6ag) and (6b).

(6ag)
Construction liens. A statutory lien claim filed with the clerk of circuit
court for services performed or materials provided for improvements, as defined
in s. 779.01 (2) (a), stats.: 6 years after the date of filing the lien claim
with the clerk of circuit court.

(6b)
Condominium liens. A statement of condominium lien filed with the clerk of
circuit court under s. 703.165 (3), stats., for unpaid assessments, including
interest and actual costs of collection: 7 years after the date of filing the
statement of condominium lien with the clerk of circuit court.

(7)Delinquent unemployment compensation, public
assistance and workers compensation payment warrants, and dockets.A record of delinquent unemployment
compensation, public assistance, or workers compensation payments that have the
effect of a final judgment: 20 years after initial docket entry.

(7m) Delinquent
income or franchise tax warrant dockets.A record of delinquent income or
franchise tax warrants or liens: 10 years from the date of filing with the
clerk of circuit court for warrants or liens filed before August 1, 1981;
permanent from the date of filing with the clerk of circuit court for warrants
or liens filed on August 1, 1981, to April 30, 2004; and 20 years from the date
of filing with the clerk of circuit court for warrants or liens filed on or
after May 1, 2004, unless renewed.If
renewed, a new 20-year retention period begins from the date on which the
renewal is filed with the clerk of circuit court.

(8)Small claims case
files.All papers deposited with the
clerk of circuit court in every proceeding commenced under ch. 799, stats.: 20
years after entry of final order or judgment for all cases, including contested
cases, stipulated dismissals and default judgments; except 2 years from date of
entry of judgment for cases dismissed because issue was not joined and the case
was not disposed of by judgment or stipulation within 6 months from the
original return date.

(9)Small claims court record.A history and index of proceedings: 20 years
after entry of final order for contested cases, stipulated dismissals, and
default judgments; except 2 years from the date of entry of judgment for cases
dismissed because issue was not joined and the case was not disposed of by
judgment or stipulation within 6 months from the original return date.

(10)Small claims minute record.A brief statement of in-court proceedings
commenced under ch. 799, stats., generally maintained in the case file: 20
years after entry of final orders for contested cases, stipulated dismissals,
and default judgments; except 2 years from the date of entry of judgment for
cases dismissed because issue was not joined and the case was not disposed of
by judgment or stipulation within 6 months from the original return date.

(11)Family case files.All papers deposited with the clerk of circuit
court in every proceeding commenced under ch. 767, stats.:

(a)30 years after
entry of judgment of divorce, legal separation, annulment, or paternity, or
entry of a final order, except that after 30 years, for any case file for which
related support or maintenance payments are continuing to be made, 7 years
after final payment or after an order terminating maintenance is filed.

(b)5 years after entry of judgment or entry of a
final order for dismissed divorces, legal separations, and annulments.

(12)Family court record.A history and index of proceedings:

(a)30 years after
entry of judgment of divorce, legal separation, annulment, or paternity, or
entry of a final order, except that after 30 years, for any court record for
which related support or maintenance payments are continuing to be made, 7
years after final payment or after an order terminating maintenance is filed.

(b)5 years after entry of judgment or entry of a
final order for dismissed divorces, legal separations, and annulments.

(a)30 years after
entry of judgment of divorce, legal separation, annulment, or paternity, or
entry of a final order, except that after 30 years, for any court minutes for
which related support or maintenance payments are continuing to be made, 7
years after final payment or after an order terminating maintenance is filed.

(b)5 years after entry of judgment or entry of a
final order for dismissed divorces, legal separations, and annulments.

(14)Maintenance and support payment records.Records of maintenance and support payments
received by the clerk of circuit court: 30 years after entry of judgment of divorce,
legal separation, annulment, or paternity, or entry of final order, except that
after 30 years, for any payment records for which related support or
maintenance payments are continuing to be made, 7 years after final payment or
after an order terminating maintenance is filed.

(15)Felony case files.All papers deposited with the clerk of circuit
court in proceedings commenced as felonies: 50 years after entry of final
judgment; for Class A felonies, 75 years after entry of final judgment.

(16)Felony court record.A history and index of proceedings commenced
as felonies: 50 years after entry of final judgment; except for Class A
felonies, 75 years after entry of final judgment.

(17)Felony minute record.A brief statement of in-court proceedings commenced
as felonies, generally maintained in the case file: 50 years after entry of
final judgment; except for Class A felonies, 75 years after entry of final
judgment.

(17g)Sexually violent person commitments.All papers deposited with the clerk of
circuit court for the commitment of an inmate under ch. 980, stats.: 75 years
after entry of final judgment.

(17m)Sexually violent person commitment court
record.A history and index of
proceedings for the commitment of an inmate: 75 years after entry of final
judgment.

(17r)Sexually violent person commitment minute
record.A brief statement of in-court
proceedings for the commitment of an inmate, generally maintained in the case
file: 75 years after entry of final judgment.

(18)Misdemeanor case files.All papers deposited with the clerk of
circuit court in proceedings commenced as misdemeanors, including criminal
traffic offenses: 20 years after entry of final judgment.

(19)Misdemeanor court record.A history and index of proceedings commenced
as misdemeanors, including criminal traffic offenses: 20 years after entry of
final judgment.

(20)Misdemeanor minute record.A brief statement of in-court proceedings commenced
as misdemeanors, including criminal traffic offenses, generally maintained in
the case file: 20 years after entry of final judgment.

(20g)Complex forfeitures.All papers deposited with the clerk of
circuit court in proceedings commenced as complex forfeitures: 20 years after
entry of final judgment.

(20m)Complex forfeitures court record.A history and index of proceedings commenced
as complex forfeitures: 20 years after entry of final judgment.

(20r)Complex forfeitures minute record.A brief statement of in-court proceedings
commenced as complex forfeitures, generally maintained in the case file: 20
years after entry of final judgment.

(21)(Repealed)

(22)(Repealed)

(23)(Repealed)

(24)Traffic forfeiture, conservation forfeiture
and ordinance violation case files.All
papers deposited with the clerk of circuit court in proceedings commenced as
traffic forfeitures, conservation forfeitures, or ordinance violations,
including juvenile ordinance violations:5 years after entry of final judgment.

(24a)Traffic forfeiture, conservation forfeiture,
and ordinance violation court record. A history and index of proceedings commenced
as traffic forfeitures, conservation forfeitures, or ordinance violations,
including juvenile ordinance violations:5 years after entry of final judgment.

(24m)Traffic forfeiture, conservation forfeiture,
and ordinance violation minute record. A brief statement of in-court
proceedings in actions commenced as traffic forfeitures, conservation
forfeitures, or ordinance violations, including juvenile ordinance violations,
generally maintained in the case file: 5 years after entry of final judgment.

(25)(Repealed)

(26)Records of John Doe proceedings.All papers deposited with the clerk of
circuit court in proceedings commenced as John Doe actions: 75 years after date
of final proceeding.

(26m)Records of proceedings commenced under s.
968.02(3), stats.All papers deposited
with the clerk of circuit court in proceedings commenced under s. 968.02(3),
stats.: 75 years after date of final proceeding.

(27)Search warrants.Except as provided under sub. (27m), orders
signed by a judge directing a law enforcement official to conduct searches: 75
years after filing with the court, unless filed with a case file.

(27m)Juvenile court search warrants.Search warrants deposited with the juvenile
court in proceedings under ch. 48 and 938, stats.:15 years after filing with the court, unless
filed with a case file.

(28)Records of grand jury proceedings.All papers deposited with the clerk of
circuit court in proceedings commenced under s. 756.10, 1995 stats., or s.
968.40, stats.: 75 years after the date of final proceedings.

(29)Probate case files.All papers deposited with the register in
probate in proceedings commenced under chs. 851 to 879, stats.: 75 years after
entry of final judgment or order or an order discharging the personal
representative or trustee.

(30)Probate court record.A history and index of proceedings commenced
under chs. 851 to 879, stats.: 75 years after entry of final judgment or order,
or an order discharging the personal representative or trustee.

(31)Probate minute record.A brief statement of in-court proceedings
commenced under chs. 851 to 879, stats., generally maintained in the case file:
75 years after entry of final judgment or order, or an order discharging the personal
representative or trustee.

(32)Guardianship case files.(a) All papers deposited with the register in
probate in adult guardianship proceedings commenced under chs. 54 or 55, stats.,
or ch. 880, 2003 stats.: 7 years after termination of guardianship.

(42)Termination of parental rights and adoption
case files.All papers deposited with
the clerk of circuit court, register in probate or clerk of court for juvenile
matters in every termination of parental rights and adoption proceeding:
permanent.

(42m)Juvenile delinquency, juveniles in need of
protection and services and children in need of protection and services case
files.Except as provided in sub. (24),
all papers deposited with the clerk of circuit court, register in probate, or
clerk of court for juvenile matters in proceedings commenced under ch. 48 or
938, stats.: 4 years after the 18th birthday of the juvenile or child; except
75 years after the adjudication of the juvenile or child if he or she was
adjudicated delinquent for committing an act that would be punishable as a
felony if committed by an adult.

(43)Juvenile court record.A history and index of proceedings commenced under
ch. 48 or 938, stats.: 4 years after the 18th birthday of the juvenile or
child; except 75 years after the adjudication of the juvenile or child if he or
she was adjudicated delinquent for committing an act that would be punishable
as a felony if committed by an adult.

(44)Juvenile minute record.A brief statement of in-court proceedings in
actions commenced under ch. 48 or 938, stats., generally maintained in the case
file: 4 years after the 18th birthday of the juvenile or child; except 75 years
after the adjudication of the juvenile or child if he or she was adjudicated
delinquent for committing an act that would be punishable as a felony if
committed by an adult.

(45)Non-criminal case exhibits, paper, and non-paper.One year after the time for appeal has
expired, provided that return of the exhibit has been offered to the proffering
party or unless all parties have stipulated to an earlier return of exhibits.

(46)Criminal and juvenile delinquency case
exhibits, paper, and non-paper.One year
after the time for appeal has expired, provided that return of the exhibit has
been offered to the proffering party.

(46m)Criminal case
exhibits containing biological material subject to forensic deoxyribonucleic
acid testing under s. 974.07, stats.Any
criminal case exhibit that is identified by the parties, the clerk, or the
court as containing biological material and that remains in the court's custody
shall be retained until the later of 50 years after entry of final judgment or
until every person in custody as a result of the action or proceeding has
reached his or her discharge date, or until the court otherwise orders the
disposition of the evidence under s. 757.54 (2) (c) or 974.07, stats.

COMMENT

Deoxyribonucleic acid (DNA) technology is increasingly vital
to ensuring accuracy and fairness in the criminal justice system.Section 974.07, stats., does not define the
term "biological material."The development of new techniques and scientific breakthroughs in all
areas of the forensic sciences will influence determinations of criminal case
exhibits to be retained pursuant to SCR 72.01 (46m).

(47)Court reporter notes.Verbatim stenographic, shorthand, audio or
video notes produced by a court reporter or any other verbatim record of
in-court proceedings: 10 years after the hearing.

(48)Receipts.A receipt for money received by the clerk of circuit court or register
in probate: 7 years after issuance.

(50)Trust account ledgers.Records of trust accounts maintained by a
clerk of circuit court or register in probate: the retention period for case
file from which the trust account emanates.

(51)Certificates of payment.A certificate or voucher authorized for
payment by the court: 7 years after filing.

(52)Jury payroll.A record of jury fees paid: 7 years after filing.

(53)Juror questionnaires.A form sent to determine eligibility of
prospective jurors:4 years after panel
service.

(54)Jury array.A list of qualified persons selected to serve as jurors:4 years after panel service.

(55)Record of jurors.A record of jurors summoned to serve on
juries:4 years after panel service.

(56)(Repealed)

(57)(Repealed)

(58)Oaths of office.Oaths of office required to be filed with the
clerk of circuit court by county officials and municipal judges: 7 years after
expiration of term.

(59)Register of officials.A listing of the names and terms of
appointment for court commissioners, deputy sheriffs, notaries public and
municipal judges: 2 years after expiration of term.

(60)Naturalization records.Records of applications for U.S. citizenship and proceedings to grant U.S.
citizenship: Transfer custody to the Wisconsin State Historical Society.

(61)Court records no longer created, utilized, or
maintained.Records no longer created,
utilized, or maintained by the court for legal purposes: 20 years after repeal,
modification, supersession, or amendment.

(62)Court records in book form.Court records kept in book form may contain
various case and record types; depending upon the case and record type, one of
the following shall be used to determine the longest minimum retention period
as specified under this rule:

(a)Beginning with the date of final entry for
the most recently disposed case.

(b)Beginning with the date of final entry for
felony cases when maintained in books with other case types.

(c)Beginning with the date of the 18th birthday
of the youngest juvenile covered in the book when pertaining to proceedings
commenced under chapter 48 of the statutes.

(63) Inquest records. Records of an inquest under s. 979.08, stats.,
including testimony, evidence, written instructions and findings of probable
cause or verdict: No retention; record is delivered to the coroner or medical
examiner for safekeeping.

(64) Incarcerated person records. Prisoner litigation correspondence, pleadings,
and other documents kept until they are reviewed by a judge to determine if the
action can be filed without the payment of filing fees and court costs: 5 years
after date of submission.

SCR 72.02Procedure for disposal of court records.

(1)A clerk of court, register in probate or
other court records custodian may destroy records in his or her custody after
minimum retention periods under SCR 72.01 have expired and after compliance
with SCR 72.04.

(2)Records defined as confidential by rule or
statute shall be destroyed in accordance with sub. (1) by burning, shredding or
other means that will obliterate the records.

SCR 72.03 Destruction
of original court record after microfilming or electronically or optically
storing.

(1) In this
rule, "suitably microfilmed or microphotographed" means being microfilmed
or microphotographed, to the extent practicable, in accordance with the minimum
standards for microfilming and microphotographing as established by the
American National Standards Institute.

(2)Notwithstanding the provisions of SCR 72.01,
any record of a court that has been suitably microfilmed may be destroyed in
accordance with SCR 72.02(1) or (2) 2 years after entry of final order in the
action for which the record is maintained or 2 years after filing for records
not specifically related to court actions.

(3)Any record of a court that has been electronically or optically stored
and preserved in accordance with SCR 72.05 may be destroyed in accordance with
SCR 72.02(1) and (2) one year after entry of a final order in the action for
which the record is maintained or one year after filing for records not
specifically related to court actions.

SCR 72.04Offer of title to historical society.

The custodian
of the court record, prior to its destruction under this chapter, shall give at
least 60 days' notice of such destruction in writing to the historical society,
which may preserve any records it determines to be of historical interest.
Notice is not required for any records for which destruction has previously
been approved by the historical society or in which the historical society has
indicated, by blanket waiver, that it has no interest for historical
purposes.

SCR 72.05Retention of court records maintained as
official or original information on electronic or optical storage systems.

(1) In this
rule:

(a)
"Accessible" means arranged, identified, indexed and maintained in a
manner that permits the location and retrieval of the information in a readable
format within a reasonable time by use of the proper hardware and software.

(b)
"Accurately reproduce" means that, when displayed on a retrieval
device or reproduced on paper, all information exhibits a high degree of
legibility and readability.

(c)
"Authenticity" means actually and reliably what is claimed and
implies the ability to substantiate what is claimed.

(d)
"Legible" means that, when displayed on a retrieval device or
reproduced on paper, the quality of the letters, numbers or symbols enables the
user to identify them positively and quickly to the exclusion of all other
letters, numbers or symbols.

(e)
"Readable" means that the quality of a group of letters, numbers or
symbols is recognized as words, complete numbers or distinct symbols.

(2)Court records specified in SCR 72.01
and maintained as official or original information on electronic or optical
storage systems shall be retained in the custody of the court for the minimum
time periods specified in SCR 72.01. The system maintaining the court records
shall meet all of the following requirements:

(a) The
information retained shall be in a legible and accessible format capable of
accurately reproducing the original, or of sustaining readability, for the time
periods specified in SCR 72.01.

(b) Operational
and technical system procedures shall protect the authenticity,
confidentiality, accuracy and reliability of the information captured and
provide the appropriate level of security to safeguard the integrity of the
electronic or optically imaged information.

(c) The
legibility and readability of a statistically significant sampling of
electronic or optically imaged records shall be verified to ensure, to a 99.5%
degree of confidence, that the information or images are legible and readable.
Original optical images that are not legible or readable shall be flagged and
rescanned for optimum image enhancement. Illegible images shall contain the
scanned notation "best possible image".

(d) A suitable technical
level of security shall be provided to protect electronic or optically imaged
records that are required to be sealed, impounded or confidential and
procedures shall be implemented to restrict access to only those persons
authorized by statute or court order to access those records.

(e) Suitable
hardware and software shall be provided to retrieve, read and timely reproduce
on paper any record retained on electronic or optical storage systems.

(f) Procedures
shall be in place and timely implemented for the backup, recovery and storage
of electronically or optically stored records to protect those records against
media destruction or deterioration and information loss.

(g) For
disaster recovery purposes, at least one electronically or optically stored
backup copy of all automated or optically imaged records shall be maintained
using accepted computer backup procedures; backup copies shall be stored in a
separate location under appropriate environmental storage conditions; and a
schedule to regularly update or supplement backup copies as a normal part of
operations shall be implemented.

(h) At least
one set of documentation for the electronic or optical systems that produced
the automated or optically imaged records shall be maintained for the retention
period of those records, and documentation shall be regularly updated or
supplemented when revisions are made.

(i) Inspection
of a statistically significant sampling of electronic or optically imaged
records shall be conducted at least once every 3 years to verify, to a 99.5%
degree of confidence, that there has been no degradation of the electronic
medium or of the image quality.

(j) A media
retention and conversion review schedule shall be established to ensure that
electronically or optically stored information is reviewed for data conversion
or recertification at least once every 3 years or more frequently when
necessary to prevent the physical loss of data or technological obsolescence of
the medium.

(k) Off-line
electronic data or records stored on optical disk shall be transferred to new
media or new optical disk and verified prior to the expiration of one-half of
the useful life of the original media or disk as determined by the
manufacturer's certified disk playback stability measured in years.

(L) Court
records electronically or optically stored, including records stored off-line
and on backup media, that are expunged by court order under ss. 938.355 (4m)
and 973.015, stats., shall be expunged by sealing or removing the record,
obliterating the index to the record, or otherwise restricting access to the
record.

(3)
Electronically or optically stored records with historical or research value
beyond the retention periods specified in SCR 72.01 shall be protected from
destruction or media deterioration and transferred to the state historical
society of Wisconsin in a computer-industry-accepted standard universal format,
together with technical documentation.

(4) Records
electronically or optically stored that have reached the minimum retention
period specified in SCR 72.01 and that do not have historical or research value
may be destroyed. For the circuit court automation program or other electronic
court data systems and for write-once-read-many-times optical disk systems,
records should be organized and formatted to permit the off-line disk or
optical disk as a whole to be destroyed. For write-once-read-many-times disks,
the destruction or sealing of the specific index reference to the obsolete
record is sufficient.

(5) A written
plan shall be provided to the director of state courts for prior approval to
ensure compliance with this rule before a new electronic or optical imaging
system is implemented and before an existing system is enhanced. The plan shall
indicate all of the following:

(a) That a
feasibility study was conducted and an analysis made of the system's cost and
conversion costs compared to ongoing current costs.

(b) That a data
migration plan has been developed for the retention period of electronically or
optically stored records.

(c) If the
system is an optical imaging system, that the custodian of the record has
executed a statement of intent and purpose indicating all of the following:

1. The case
type of record and years to be reproduced or transferred.

2. The
subsection of SCR 72.01 that pertains to the type of court record being imaged.

3. The physical
disposition of the original paper records.

4. If the
system is a county system, the county resolution or ordinance authorizing
optical imaging.

5. The
certification of the records as received or created and transferred to optical
disk format in the normal course of business.

(d) That the
statement of intent and purpose was provided to the office of the director of
state courts.

SCR 72.06Expunction.

When required by statute or court order to expunge a court
record, the clerk of the court shall do all of the following:

(1)Remove any paper index and nonfinancial court
record and place them in the case file.